ROCKFORD — A jury decided Wednesday that Winnebago County did not violate constitutional rights to free speech when a resident was prevented from speaking at County Board and committee meetings.

The seven-member jury found in favor of Winnebago County Board Chairman Scott Christiansen and former County Board member Pearl Hawks.

"We work really hard at giving everyone an opportunity to participate and I think the jury affirmed that," Christiansen said after the verdict.

Mike Castronovo, who filed the suit in federal court in 2011, called it a sad day for Winnebago County.

"This wasn't just about me. This was about free speech for our community," Castronovo said.

"As tough as this was, it was still worth the fight because to just lay down and say I believe someone has done something wrong to me and just let it go isn't always the right thing to do."

Castronovo's original suit claimed his due process rights and freedom of speech rights were violated when he was kept from speaking at two Winnebago County Board meetings, two committee meetings and had the content of one speech "censored" after Christiansen told him not to "name names" of county employees. The scope of the suit was narrowed to two aspects during two years of preliminary hearings, in which Castronovo represented himself without an attorney. He was represented by attorneys from Reynolds & Associates of Madison, Wis. during the trial.

The jury was asked to decide two issues after hearing three days of testimony and evidence:

1. Whether Christiansen violated Castronovo's free speech rights when he instructed him not to name specific names prior to speaking at an Aug. 13, 2009 County Board meeting.

2. Whether Hawks violated Castronovo's free speech when she failed to call on him and allow him to speak as he raised his hand at two committee meetings on May 5, 2009 and May 14, 2009.

The jury was also asked to consider punitive damages against Christiansen. Christiansen himself, not Winnebago County, would have been liable to pay whatever amount the jury decided was an appropriate punishment. Castronovo's attorneys did not request a specific amount.

The case stems from Castronovo's request for improved access to his home business on Harrison Avenue near Perryville Road. He wanted an access point cut in a median outside his home, which he felt would make turning into and out of the property safer for him and his customers. Later, he spoke to the board about safety concerns at the Harrison and Perryville intersection itself. But he wasn't allowed to speak every time he tried.

Hawk's failure to call on Castronovo during two committee meetings doesn't rise to the level of a constitutional violation, said Winnebago County Deputy State's Attorney Bill Emmert. Emmert represented the county along with Dave Kurlinkus, chief of the state's attorney's civil division.

Page 2 of 3 - "It's not a violation of the constitution of the United States just because you don't call on someone when they raise their hand," Emmert said during closing arguments.

Christiansen testified that he felt Castronovo was "disrespectfully challenging the integrity of county staff" during his comments at a board meeting in June 2009 and "deliberately trying to embarrass" County Engineer Joe Vanderwerff. He said that is why he asked him not to "name names" before his August speech. Christiansen said Castronovo could have mentioned the names of any elected officials and criticized them, but not staff. That is not how Castronovo interpreted the statement about "naming names." Castronovo testified that he did not name Christiansen during his Aug. 13, 2009 speech because of the imposed rule.

County code says residents can't speak about zoning, pending litigation or personnel during public comment. Christiansen also denied Castronovo from speaking at two other meetings because he said the topic was repetitive.

Castronovo's attorney Marcel Oliveira argued in court that finding in Castronovo's favor will send a message that Christiansen cannot "cherry pick who gets to speak about what" at County Board meetings. He said free speech is the right to criticize your government and ask for change.

The county argued that Castronovo's free speech was never infringed because he was allowed to speak at eight board meetings, including one that took place on May 14 just minutes after a committee meeting where he was not called on. He was never interrupted or cut off from speaking at the board level. Castronovo spoke at eight of 24 County Board meetings in 2009.

The county also argued that Castronovo's voice was heard because Christiansen took multiple phone calls from him and visited his home to discuss safety concerns at the Harrison and Perryville intersection. County staff and a few County Board members also visited Castronovo's home to discuss his concerns.

Emmert framed Castronovo's suit as an attempt to seek revenge on a County Board that voted against allowing him the median cut he requested. The board had voted 9-16 against the requested access point. Emmert said Castronovo's original suit named Vanderwerff and County Board members that voted against his access point.

"He didn't get what he wanted ... so he filed a lawsuit against everyone that voted no," Emmert said.

Emmert said in court Castronovo never made an effort to ask Hawks when he could speak at committee meetings and that Hawks never stopped him from speaking or handing out paperwork — she just never called on him. He noted that Castronovo spoke at a committee meeting in October 2009. Castronovo never tried to clarify what names he couldn't name to Christiansen. Those arguments, Oliveira said, are an effort to blame Castronovo for being unfamiliar with the government process.

"The citizen cannot be blamed for trying hard, which he did, and not getting the response that his local government owes him," Oliveira said.

Page 3 of 3 - U.S. District Judge Frederick J. Kapala must still issue a decision on Castronovo's motion for a directed verdict against Christiansen and Hawks. That motion asks the judge to rule, as a matter of law, that Hawks and Christiansen had violated the First Amendment.